3rd Party Insurance Claim

[stephderm]

Thank you so much for your prompt reply and I do understand the importance of insurance - unfortunately it lapsed whilst I was in the UK. What I am stuggling to understand is why the burden of proof is not on the driver at fault to prove that he had a black-out. I'm not sure how he would go about this. If he had a history of blackouts etc. it was clearly negligent of him to be driving at all. If I need to bear the loss I will make it my life's mission to ensure that this young guy NEVER drives again. My father and I were millimeters from death and we are both still shaken.

[flaker]

Hang on Stephderm. it appears from what you say that the other party is insured, but his company (insurance) refuse to pay your claim,saying that their client suffered a "black- out'. Get this in writing from them and take this letter to an attorney & instruct the attorney to issue a summons for your claim against the other party.
My sense is that the other driver's insurance will soon settle.

[stephderm]

Thank you for you interest in this - I really appreciate all replies. Yes, the other party is insured and in fact when we rang the claims department to query why we hadn't heard anything, they thought we WERE the insured party and confirmed that their claim had been settled in full. I feel that a great many at-fault drivers could 'claim blackouts' after the event - how is it possible to distinguish between a 'blackout' and falling asleep at the wheel? No mention of blackout was made at the scene. Upshot, through no fault of my own, I am without a very useful and much loved little vehicle. Again, thanks for your advice.

[sterne.law@gmail.com]

He will have to prove a blackout.
If there is a history of blackouts then an element of negligence presents itself.

[stephderm]

I don't know just how he would 'prove' a blackout -v- loss of concentration/falling asleep, DUI etc. If I were him, I don't think I would be too keen to have a history of causing a major collision due to blackouts on my driving record. If he goes this route I will personally see to it that he never gets behind the wheel of a car again. (My car is a write off - his flipped and was only prevented from going down a steep ravine by a strategically placed tree - so we're not talking bumper damage). I can't thank you all enough for your information and reassurance - it's new territory for me and I feel much more equipped to deal with what I imagine will be a protracted case.

[Policy & Recovery Assist]

Good day

We have only joined the forum and seen your matter. We can act on your behalf. Should you still need help please email us.
Pandrassist@gmail.com

[EbieWatts]

Hi All
I'm new, just registered as I was in a car accident 3 weeks ago and I need urgent advice or assistance.

The other driver skipped the red light and totalled my car. He has an insurance, I don't. I couldn't afford insurance and I can't afford the repairs to my car. To make matters worse, I live 50km from my work and I need to get to work every day. Thusfar I managed, but I can't borrow the car I'm using now for much longer.

I contacted his insurance and informed them of my claim, however, they responded with the following:
1. They are in the process of liquidation and will not be able to pay all claims; and
2. They will not be able to assist with my third party claim as their client did not follow policy procedures.

Please, I need urgent advice on this, if it's legal, if there's anything I can do, etc.

I also need to start a road accident claim with regards to back injuries and need some assistance with this.

Please, if anyone can assist or knows of the types of lawyers who specialises in these cases and takes a cut off the pay out let me know urgently. I can't afford any legal costs.

Best Regards,
Ebie Watts

[Phil Cooper]

Hi

Have commented on your other posting

[TDon]

Hi, I am bringing up an old topic and need advice please.

I was turning right at a 3-way intersection (I was in the front of the "traffic queue" and the traffic light had just turned green for me), when I was almost out of the intersection, a woman came speeding through the intersection on the left, through a red traffic light and side swiped the left side of my car. We stopped, swapped details and proceeded to report the accident at the police station, where she wrote and signed that she was completely at fault because she (her words) "was distracted and did not see the red light and drove straight through" She was not at the intersection or anywhere in sight when I was entering the intersection, she came from down the road.

We both have insurance and I thought I would try battle out a third party claim. I searched for panel beaters quotes and because second hand parts are not easily available for my car, new parts have to be bought and the total cost to repair the damages is R31341.31, the average value of my car is R31900.00 and the settlement amount I am being offered is R22330 and the release states "In consideration of payment without admission of liability". And I heard from the insurance that this woman's statement to them was that she was not at fault. This is a lie.

While I understand that it is not economical for them pay to repair my vehicle if the value is almost the same as the cost of repair, do you think I should accept this offer or should I post on Hello Peter or should I accept this offer and then try claim the balance from the woman herself in the small claims court?

[cmes]

Duplicate post remove to avoid confusion. Please see here http://www.theforumsa.co.za/forums/s...e-claim-please

Could someone please help with some advice.

Two months ago I was in a car accident where a Bakkie skipped the red light in front of me and (although i braked in attempt to prevent the collision) I collided into the side of him, writing off my car and badly damaging his. When my husband arrived on the scene, the driver of the bakkie apologized and said that he had not seen the red light. The accident was reported and both cars were towed away. After reporting it to our new insurance company, we were informed that there was an error when we changed insurers and the car was not covered. Thankfully the accident was on CCTV camera footage so we proceeded with a third party claim. For obvious reasons I will not mention the company's name, but it has been a nightmare ever since. For two months we have jumped through ever hoop they have thrown our way and finally they have sent us an offer of approximately R13 000 for a car that's retail value is R101 000. They used the excuse of "Apportionment of damages act" and claimed that I had been negligent therefore I was 30% responsible for the accident and 30% responsible for the damages resulting. They did not compensate for towing fees or medical costs which came to an additional +-R8000.

We sent a complaint to their supervisor stating that they can not possibly hold me 30% accountable as I did Brake and could not swerve to avoid the accident as I was in the middle lane of 3 lane traffic. They then came back to us and said they stick to their offer and even if we take them to court the court will make the same decision. Our next step is to contact a lawyer and directly sue the other driver for all costs involved however I just want to find out what people think before I waste more money that I don't really have on lawyers fees.

Could someone please help?

[Derryn]

Hi all I had an accident 05 Oct. Robots were not working at intersection but local traffic officer was directing traffic. I was heading north. The officer signaled for traffic from north and south to proceed whilst he had stopped traffic approaching from east and west. Suddenly a lady approaching from east came through the intersection and knocked into me. Damages to my vehicle +- R175000. Right front and door. Her vehicle full damages to front. Traffic officer won't give a statement. I bought the car Audi a6 only two weeks prior cash and didn't get around to insuring it. Other driver is insured but says they are finalizing their clients claims and will apply apportionment. Can anybody provide any advice

[JohanvanderMescht]

Can someone assist me with advise following a car accident please?

[Diablo87]

Bad claims process (third party)

I had a a third party claim and these guys claim that I owe them even though I was travelling under the speed limit and have right of way. The other person came off a stop Street bumped me and made a 360 back to the stop Street. I have the video and my tracking report shows I was under the speed limit, they gave me the following:


Calculation of the offer is as follows:



Your Damages:

Market Value R37 750.00

Less Salvage@ 45% R16 987.50

R20 762.50 x 60%

Subtotal R12 457.50







Our Damages

AS PER INVOICE R71 186.68 X 40%

Subtotal R28 474.67





Your Damages less our Damages

R12 457.50– R28 474.67

R -16 017.17

[Madri]

Sounds like they're playing the blame apportioning game. But even then, there certainly seems to be a problem with their maths.

If you are confident you didn't contribute to the cause of the accident (other than unfortunatley being there), my suggestion:
Don't sign acceptance of their offer (that's all it is).
Respond by instructing an attorney to issue summons for the full quantum of your damages against the driver (and/or owner if the vehicle was being used for business) of the other vehicle.

Good Morning

I trust you are all well.

I am in a similiar situation with a third party claim. It was an intersection with two stop signs on left and right so oncoming traffic would have right of way. At the one stop there was a car and at the other stop there was a huge truck and behind it a lane of traffic waiting to cross the road. The guy that was behind the truck in a white toyota bakkie decided to pass the truck, not looking at uncoming traffic from the other stop that wanted to cross the road or maybe turn, he did not even stop to check if there was traffic coming and he was driving with speed and then went in infront of me.

I could not see anything else as the truck was to big and the buildings was in my way. I was under the speedlimit and I did check for cas crossing the road at the stops even though I had right of way because there was no stop for me. The only option I had was to go straight brake and pull my Handbrake. I had no other option because have I done something else and swing out I would have hit the truck or the other car.

The issue that I have is the my car is a write off and the bakkie only had little damage like the wheel and fendor, while my car was so badly damaged infront. Unfortunately I do not have insurance anymore on my car so I decided to cliam from them as if was due to their negligence. The Market value of my car is about R65 000, the quote for the damages is R45 000. I have been left without any transport for the past two months as it was my only car. I have received the offer from Old Mutual and they went, based on case law of Neuhaus v Bastion Insurance company, that you have to have a look out for all, which I do understand but I did, I am just not supernatural to see through a huge truck to know and to see oh wow a bakkie is coming from the righthand side. Now they have worked the offer out based on the 60/40 rule. They have taken the damages to calculate it at the end they are making an offer of R13 000 to me and writing my car off.

I just do not feel it is fair. I have not asked for it to happen and I did obey the rules of the road.

Could you please assist me in this matter?

Thank you